The Principle Of Free Evaluation Of Evidence Through Inner Conviction

The principle of free evaluation of evidence through inner conviction is proposed by the bourgeois jurists against the system of legal evidence. As the production of the history, the principle of free evaluation of evidence through inner conviction is in accordance with the dialectical materialism, aiming at the unity of truth and justice in the largest degree, including the unrestricting of the evidence method, which means the capacity of method is not restricted.In order to guarantee the implementation of the principle of free evaluation of evidence through inner conviction, various countries have formed its own restrain system for both interior and exterior restriction. To ensure the practical and effective applying of the principle of free evaluation of evidence through inner conviction, we have to set up completed guarantee mechanism according to our national condition so as to regulate it in a combined way of both restricting and protecting.Once the dispute enters the judicial procedure, it will inevitably involve in the ascertaining of the truth of the case, the proving of which will be the everlasting theme of the procedural law. Thus, the evidence system becomes various and of special features. In countries practicing the British and American legal systems, the evidence system is characterized by its abundant intricate evidence regulations. On the contrary, in countries practicing mainland legal system, it is based on the denial of the system of legal evidence, and practice of the principle of free evaluation of evidence through inner conviction which results in less evidence rules and regulations. Since our country has not clearly stipulated the principle of free evaluation of evidence through inner conviction in the procedural law, it has been disdained and repellent by the mainstream opinions of the academic world for a certain period of time. Theory and viewpoints about the principle of free evaluation of evidence through inner conviction has usually been the object that the academic world attacks.The foundation of the litigation is the investigation of the truth of the case or the discovery of the reality. This proposition has obtained the general significance which has surpassed various legal cultures. However, how to investigate the truth, how to find out the reality, how to better guarantee the litigation system especially the reliability of the truth investigation in the law of evidence and how to increase the people's trust in the discovering the reality of the system? Based on the attempts and practices in solving these problems in history, many countries now have set up the principle of free evaluation of evidence through inner conviction as the law of evidence. In recent years, it has received some criticism but its status is still stable. In other words, in the anticipated future, the principle of free evaluation of evidence through inner conviction will not be a disappearing legal principle which is just a research object of the history of law remaining in people's mind.This paper aims at analyzing the advantages and disadvantages of the principle of free evaluation of evidence through inner conviction, as well as its implementation method in our country. This paper states the meaning and evolution of the principle of free evaluation of evidence through inner conviction and its proving standard, value orientation, restrain mechanism, and the thoughts on its set up in our country. Beginning with the origin of the principle of free evaluation of evidence through inner conviction, through the analysis of its contents, this paper points out its advantages and disadvantages and gives prospection of the development of the legal system of our country. The analysis of the principle of free evaluation of evidence through inner conviction demonstrates its realistic significance to the development of our legal system. This paper starts with the history and development of the principle of free evaluation of evidence through inner conviction, analyzes the social background and legal cultural conditions that it exists, studies its status and function in modern legal system and clears the deviation in understanding it so as to make its essence a great help for our legal construction, especially in the aspects of evidence system and procedure justice system.